Independent Employment Investigations

When the finger pointing begins, the ability to remain impartial can become more difficult.

All workplaces are exposed to employee disputes and misconduct. Some of these will have serious consequences, and will be very stressful for all involved. If the issues are not addressed, then the result can be systemic workplace problems and ongoing costs to you as the employer.

When an employer is dealing with allegations of inappropriate behaviour (such as bullying, harassment or discrimination), engaging an independent party to gather facts, interview parties and provide a summary of facts and opinion, is an efficient and cost-effective way to get an answer that will help you to make a decision.

An employer should carry out a thorough investigation process before responding to a complaint made by an employee. This investigation will ensure that the employer has all the relevant information, enabling the matter to be fully considered before an informed decision can be made. If an employer makes a decision without completing a thorough and fair investigation, they open themselves up to allegations of bias or unfairness which could leave an employer vulnerable to legal action.

As an employer, it is important that any investigation is conducted as soon as practicable after it becomes necessary. If you fail to carry out an investigation quickly, this action could be perceived as you not taking the incident seriously (or worse, the accusation that you even condone the behaviour). There is also the risk that the people involved may not clearly remember details of the incident if there is a delay by you in investigating the alleged issue(s).


Why should your company use The Legal Stuff?

  • We are impartial and independent. As we have no prior involvement with either the matter or the parties, we have no personal interest in any particular outcome. This allows us to be truly objective.
  • We remove the risk of actual (or perceived) bias. While investigations can of course be carried out internally, there is always the risk of bias (whether perceived or actual). Staff members may have already assisted the parties with the matters in dispute or advised related parties (such as the manager). They may also have, or be perceived to have, allegiances with certain individuals in the workplace, which affect their impartiality.
  • We are a cost-effective option for you. We are experienced and able to conduct an investigation in a transparent and efficient manner. We can provide an estimate of our costs (hourly rate or fixed fee) and we will keep you updated as the investigation progresses.
  • We are lawyers. We have the qualifications, knowledge, skills and confidence to enable us to conduct an investigation efficiently, thoroughly and with discretion. We are professional, impartial and fair to all those involved in the process.
  • We are responsive to requests. Investigations need to be carried out in a timely manner to ensure matters are dealt with and resolved as quickly as possible. Often managers or HR professionals have insufficient time to handle complex cases on top of their existing workload.

Get in touch

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